2007 Legislation
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SENATE BILL NO. 1064 – Codifier corrections

SENATE BILL NO. 1064

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S1064......................................................by STATE AFFAIRS
CODIFIER CORRECTIONS - Amends existing law to "clean up" various code
sections and subsections by renumbering those code sections or subsections
that were redesignated by the compiler of the Idaho Code as a result of
multiple amendments to code sections prior to the 2007 legislative session;
and to correct typographical errors.
                                                                        
01/29    Senate intro - 1st rdg - to printing
01/30    Rpt prt - to St Aff
02/09    Rpt out - rec d/p - to 2nd rdg
02/12    2nd rdg - to 3rd rdg
02/16    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - McKenzie
    Title apvd - to House
02/19    House intro - 1st rdg - to St Aff
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Nielsen,
      Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
      Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Clark, Kren, Moyle
    Floor Sponsor - Andrus
    Title apvd - to Senate
03/13    To enrol
03/14    Rpt enrol - Pres signed - Sp signed
03/15    To Governor
03/20    Governor signed
         Session Law Chapter 90
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1064
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CODIFIER'S CORRECTIONS IN STATUTES; AMENDING SECTION 7-803,  IDAHO
  3        CODE,  TO  MAKE  TECHNICAL  CORRECTIONS;  AMENDING SECTION 15-2-504, IDAHO
  4        CODE, TO MAKE TECHNICAL CORRECTIONS AND TO FIX A CODIFIER ERROR;  AMENDING
  5        THE  HEADING  FOR CHAPTER 85, TITLE 18, IDAHO CODE, AS ADDED BY SECTION 1,
  6        CHAPTER 85, LAWS OF 2006; AMENDING SECTION 18-8501, IDAHO CODE,  AS  ADDED
  7        BY SECTION 1, CHAPTER 85, LAWS OF 2006, TO REDESIGNATE THE SECTION; AMEND-
  8        ING  SECTION  18-8502, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 85, LAWS
  9        OF 2006, TO REDESIGNATE THE  SECTION;   AMENDING  SECTION  18-8503,  IDAHO
 10        CODE,  AS ADDED BY SECTION 1, CHAPTER 85, LAWS OF 2006, TO REDESIGNATE THE
 11        SECTION AND TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 18-8504,
 12        IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 85, LAWS OF 2006,  TO  REDESIG-
 13        NATE  THE  SECTION; AMENDING SECTION 18-8505, IDAHO CODE, AS ADDED BY SEC-
 14        TION 1, CHAPTER 85, LAWS OF 2006, TO  REDESIGNATE  THE  SECTION;  AMENDING
 15        SECTION  19-819, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-
 16        TION 19-1205, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING  SECTION
 17        19-2507,  IDAHO  CODE,  TO  MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTION
 18        19-2916, IDAHO CODE, TO MAKE  A  TECHNICAL  CORRECTION;  AMENDING  SECTION
 19        19-2936,  IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING THE HEADING
 20        FOR CHAPTER 27, TITLE 25, IDAHO CODE;  AMENDING  SECTION  33-1004E,  IDAHO
 21        CODE,  TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 33-3407, IDAHO
 22        CODE, TO PROVIDE A GRAMMATICAL CORRECTION; AMENDING SECTION 34-2205, IDAHO
 23        CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 38-1306, IDAHO CODE,
 24        TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-2102(A), IDAHO CODE, TO
 25        REDESIGNATE THE SECTION; AMENDING SECTION 39-3502,  IDAHO  CODE,  TO  MAKE
 26        TECHNICAL  CORRECTIONS;  AMENDING  SECTION  39-3613, IDAHO CODE, TO MAKE A
 27        TECHNICAL CORRECTION; AMENDING SECTION 41-3408, IDAHO CODE, TO MAKE  TECH-
 28        NICAL  CORRECTIONS; AMENDING SECTION 43-219, IDAHO CODE, TO MAKE A TECHNI-
 29        CAL CORRECTION; AMENDING SECTION 49-435, IDAHO  CODE,  TO  MAKE  TECHNICAL
 30        CORRECTIONS;  AMENDING SECTION 54-1733, IDAHO CODE, TO MAKE TECHNICAL COR-
 31        RECTIONS; AMENDING SECTION 63-3622O, IDAHO CODE, TO MAKE TECHNICAL CORREC-
 32        TIONS; AMENDING SECTION 67-460, IDAHO CODE, TO MAKE  A  TECHNICAL  CORREC-
 33        TION;  AMENDING SECTION 67-501, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS;
 34        AMENDING SECTION 67-505, IDAHO  CODE,  TO  MAKE  A  TECHNICAL  CORRECTION;
 35        AMENDING  SECTION  67-5718,  IDAHO  CODE,  TO MAKE A TECHNICAL CORRECTION;
 36        AMENDING THE HEADING FOR CHAPTER 60, TITLE 67, IDAHO CODE;  AMENDING  SEC-
 37        TION  72-205, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SEC-
 38        TION 72-1347B, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION.
                                                                        
 39    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 40        SECTION 1.  That Section 7-803, Idaho Code, be, and  the  same  is  hereby
 41    amended to read as follows:
                                                                        
 42        7-803.  PUBLICATION  OF  PETITION.  A  notice  of hearing of such petition
 43    signed by the clerk and issued under the seal of the court, must be  published
                                                                        
                                       2
                                                                        
  1    for  four  (4)  successive weeks in some newspaper printed in the county, if a
  2    newspaper be printed therein, but if no newspaper be printed in the  county  a
  3    copy  of such notice of hearing must be posted at three (3) of the most public
  4    places in the county for a like period, and proofs must be made of such publi-
  5    cation or posting before the petition can be considered. The notice of hearing
  6    may be substantially in the following form:
                                                                        
  7                                  NOTICE OF HEARING
  8        In the District Court of the .... Judicial District of the State of  Idaho
  9    in and for .... County.
 10        In the matter of the application of .... for change in name.
 11    (Assertions herein contained refer to assertions in the petition)
 12        A  petition  by  ....,  born .... at .... now residing at .... proposing a
 13    change in name to .... has been filed in the above entitled court, the  reason
 14    for the change in name being..................................................
 15    .............................................................................:
 16    the  name  of  the  petitioner's  father is .... address .... (if living); the
 17    names and addresses of petitioner's near relatives (if father be dead) are:
 18    ..................      ......................................................
 19    ..................      ......................................................
 20    ..................      ......................................................
 21    such petition will be heard at such time as the court may appoint, and  objec-
 22    tions  may  be  filed  by  any person who can, in such objections, show to the
 23    court a good reason against such a change of name.
 24        WITNESS my hand and seal of said District Court  this  ....  day  of  ....
 25    19.....
 26    ..................      ......................................................
 27    Attorney for petitioner                                                Clerk
 28    ..................      ......................................................
 29    Residence or post office address                                      Deputy
 30    .....Idaho.
                                                                        
 31        SECTION  2.  That Section 15-2-504, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        15-2-504.  SELF-PROVED WILL. (a) Any will may be simultaneously  executed,
 34    attested,  and made self-proved, by the acknowledgment thereof by the testator
 35    and the affidavits of the witnesses, each made before an officer authorized to
 36    administer oaths under the laws of the state where execution occurs  and  evi-
 37    denced  by the officer's certificate, under official seal, in form and content
 38    substantially as follows:
 39        I, .........., the testator, sign my name to this  instrument  this  .....
 40    day  of ........, 19...., and being first duly sworn, do hereby declare to the
 41    undersigned authority that I sign and execute this instrument as my last  will
 42    and  that  I  sign  it willingly (or willingly direct another to sign for me),
 43    that I execute it as my free  and  voluntary  act  for  the  purposes  therein
 44    expressed,  and  that I am eighteen (18) years of age or older, of sound mind,
 45    and under no constraint or undue influence.
 46                                                    ..............................
 47                                                                Testator
 48        We, ............, ............, the witnesses,  sign  our  names  to  this
 49    instrument,  being  first duly sworn, and do hereby declare to the undersigned
 50    authority that the testator signs and executes this  instrument  as  his  last
 51    will  and that he signs it willingly (or willingly directs another to sign for
 52    him), and that each of us, in the presence and hearing of the testator, hereby
                                                                        
                                       3
                                                                        
  1    signs this will as witness to the testator's signing, and that to the best  of
  2    his  knowledge  the  testator is eighteen (18) years of age or older, of sound
  3    mind, and under no constraint or undue influence.
  4                                                    ..............................
  5                                                                 Witness
  6                                                    ..............................
  7                                                                 Witness
  8    The State of ..........
  9    County of .............
 10        Subscribed, sworn to and acknowledged before me by .........., the  testa-
 11    tor  and subscribed and sworn to before me by .........., and .........., wit-
 12    nesses, this ..... day of ..........
 13    (Seal)
 14                                                    (Signed) .....................
 15                                                    ..............................
 16                                                    (Official capacity of officer)
 17        (b)  An attested will may at any time subsequent to its execution be  made
 18    self-proved  by  the acknowledgment thereof by the testator and the affidavits
 19    of the witnesses, each made before an officer authorized to  administer  oaths
 20    under  the  laws of the state where the acknowledgment occurs and evidenced by
 21    the officer's certificate, under the official seal, attached or annexed to the
 22    will in form and content substantially as follows:
 23    The State of ............
 24    County of ...............
 25        We, .........., ..........., and .........., the  testator  and  the  wit-
 26    nesses,  respectively,  whose  names  are  signed to the attached or foregoing
 27    instrument, being first duly  sworn  do  hereby  declare  to  the  undersigned
 28    authority  that  the  testator  signed and executed the instrument as his last
 29    will and that he had signed willingly (or willingly directed another  to  sign
 30    for  him),  and that he executed it as his free and voluntary act for the pur-
 31    poses therein expressed, and that each of the witnesses, in the  presence  and
 32    hearing  of  the  testator, signed the will as witness and that to the best of
 33    his knowledge the testator was at that time eighteen  (18)  years  of  age  or
 34    older, of sound mind and under no constraint or undue influence.
 35                                                    ..............................
 36                                                                Testator
 37                                                    ..............................
 38                                                                 Witness
 39                                                    ..............................
 40                                                                 Witness
 41        Subscribed,  sworn to and acknowledged before me by .........., the testa-
 42    tor, and subscribed and sworn to before me by .........., and .........., wit-
 43    nesses, this ..... day of .........
 44    (Seal)
 45                                                    (Signed) .....................
 46                                                    ..............................
 47                                                    (Official capacity of officer)
                                                                        
 48        SECTION 3.  That the Heading for Chapter 85,  Title  18,  Idaho  Code,  as
 49    added  by  Section  1,  Chapter  85,  Laws of 2006, be, and the same is hereby
 50    amended to read as follows:
                                                                        
 51                                     CHAPTER 856
 52                                  HUMAN TRAFFICKING
                                                                        
                                       4
                                                                        
  1        SECTION 4.  That Section 18-8501, Idaho Code, as added by Section 1, Chap-
  2    ter 85, Laws of 2006, be, and the same is hereby amended to read as follows:
                                                                        
  3        18-85018601.  LEGISLATIVE INTENT. It is the intent of the  legislature  to
  4    address the growing problem of human trafficking and to provide criminal sanc-
  5    tions  for  persons who engage in human trafficking in this state. In addition
  6    to the other provisions enumerated in this chapter, the legislature finds that
  7    it may also be appropriate for members of the  law  enforcement  community  to
  8    receive  training  from  the respective training entities in order to increase
  9    awareness of possible human trafficking cases occurring in Idaho and to assist
 10    and direct victims of such trafficking to available community resources.
                                                                        
 11        SECTION 5.  That Section 18-8502, Idaho Code, as added by Section 1, Chap-
 12    ter 85, Laws of 2006, be, and the same is hereby amended to read as follows:
                                                                        
 13        18-85028602.  HUMAN TRAFFICKING DEFINED. "Human trafficking" means:
 14        (1)  Sex trafficking in which a commercial sex act is  induced  by  force,
 15    fraud  or coercion, or in which the person induced to perform such act has not
 16    attained eighteen (18) years of age; or
 17        (2)  The recruitment, harboring, transportation, provision,  or  obtaining
 18    of a person for labor or services, through the use of force, fraud or coercion
 19    for the purpose of subjection to involuntary servitude, peonage, debt bondage,
 20    or slavery.
                                                                        
 21        SECTION 6.  That Section 18-8503, Idaho Code, as added by Section 1, Chap-
 22    ter 85, Laws of 2006, be, and the same is hereby amended to read as follows:
                                                                        
 23        18-85038603.  PENALTIES. Notwithstanding any other law to the contrary, on
 24    and  after July 1, 2006, any person who commits a crime as provided for in the
 25    following sections, and who, in the commission of such crime or  crimes,  also
 26    commits  the  crime  of  human trafficking, as defined in section 18-85028602,
 27    Idaho Code, shall be punished by imprisonment in the state prison for not more
 28    than twenty-five (25) years unless a more severe  penalty  is  otherwise  pre-
 29    scribed  by  law:  18-905  (aggravated  assault), 18-907 (aggravated battery),
 30    18-909 (assault with intent to commit a serious felony), 18-911 (battery  with
 31    intent to commit a serious felony), 18-913 (felonious administering of drugs),
 32    18-1501(1)  (felony  injury to child), 18-1505(1) (felony injury to vulnerable
 33    adult), 18-1505(3) (felony exploitation of vulnerable adult), 18-1505B (sexual
 34    abuse and exploitation of vulnerable adult), 18-1506 (sexual abuse of a  child
 35    under the age of sixteen years), 18-1506A (ritualized abuse of child), 18-1507
 36    (sexual  exploitation  of child), 18-1508A (sexual battery of minor child six-
 37    teen or seventeen years of age), 18-1509A (enticing of children over  the  in-
 38    ternet),  18-1511 (sale or barter of child), 18-2407(1) (grand theft), 18-5601
 39    through 18-5614 (prostitution), or 18-7804 (racketeering).
                                                                        
 40        SECTION 7.  That Section 18-8504, Idaho Code, as added by Section 1, Chap-
 41    ter 85, Laws of 2006, be, and the same is hereby amended to read as follows:
                                                                        
 42        18-85048604.  RESTITUTION -- REHABILITATION. (1) In addition to any  other
 43    amount  of  loss resulting from a human trafficking violation, the court shall
 44    order restitution, as applicable, including the greater of:
 45        (a)  The gross income or value to the defendant of the victim's  labor  or
 46        services; or
 47        (b)  The  value of the victim's labor as guaranteed under the minimum wage
 48        and overtime provisions of the federal fair labor standards act.
                                                                        
                                       5
                                                                        
  1        (2)  In addition to any order for restitution as provided in this section,
  2    the court shall order the defendant to pay an amount determined by  the  court
  3    to  be  necessary for  the mental and physical rehabilitation of the victim or
  4    victims.
                                                                        
  5        SECTION 8.  That Section 18-8505, Idaho Code, as added by Section 1, Chap-
  6    ter 85, Laws of 2006, be, and the same is hereby amended to read as follows:
                                                                        
  7        18-85058605.  HUMAN TRAFFICKING VICTIM PROTECTION. (1) The  attorney  gen-
  8    eral, in consultation with the department of health and welfare and the United
  9    States  attorney's  office,  shall, no later than July 1, 2007, issue a report
 10    outlining how existing victim and witness laws respond to the needs  of  human
 11    trafficking victims, and suggesting areas of improvement and modification.
 12        (2)  The department of health and welfare, in consultation with the attor-
 13    ney  general,  shall, no later than July 1, 2007, issue a report outlining how
 14    existing social service programs respond or fail to respond to  the  needs  of
 15    human  trafficking  victims,  and the interplay of such existing programs with
 16    federally-funded victim service programs, and suggesting areas of  improvement
 17    or  modification. Such inquiry shall include, but not be limited to, the abil-
 18    ity of state programs and licensing bodies to recognize federal T nonimmigrant
 19    status for the purposes of benefits, programs and licenses.
                                                                        
 20        SECTION 9.  That Section 19-819, Idaho Code, be, and the  same  is  hereby
 21    amended to read as follows:
                                                                        
 22        19-819.  FORM  OF  COMMITMENT.  The  commitment  must  be to the following
 23    effect:
 24        County of (as the case may be). The state of Idaho to the sheriff  of  the
 25    county of ....:
 26        An order having been this day made by me, that A.B. be held to answer upon
 27    a  charge of (stating briefly the nature of the offense, and giving as near as
 28    may be the time when and the place where the same was committed), you are com-
 29    manded to receive him into your custody and detain him  until  he  is  legally
 30    discharged.
 31    Dated this .... day of ...., 19.....
                                                                        
 32        SECTION  10.  That Section 19-1205, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        19-1205.  FORM OF BENCH WARRANT. The bench warrant, upon presentment, must
 35    be substantially in the following form:
 36        County of ..... The state of Idaho to any sheriff, constable,  marshal  or
 37    policeman  in  this  state:  A presentment having been made on the .... day of
 38    ...., 19.... to the district court of the county of ...., charging  C.D.  with
 39    the  crime  of  ....,  (designating  it generally) you are therefore commanded
 40    forthwith to arrest the above named C.D., and take him before E.F.,  a  magis-
 41    trate  of  this  county, or in case of his absence or inability to act, before
 42    the nearest and most accessible magistrate in this county. Given under my hand
 43    with the seal of said court affixed, this .... day of ...., 19.....
 44        By order of the court.
 45             (Seal.)                                                  G.H., Clerk.
                                                                        
 46        SECTION 11.  That Section 19-2507, Idaho Code, be, and the same is  hereby
 47    amended to read as follows:
                                                                        
                                       6
                                                                        
  1        19-2507.  FORM  OF WARRANT. The bench warrant must be substantially in the
  2    following form:
  3    County of .....
  4        The state of Idaho, to any sheriff, constable,  marshal  or  policeman  in
  5    this state:
  6        A.B.,  having  been  on the .... day of ...., 19.... duly convicted in the
  7    district court of the .... judicial district of the state of Idaho, in and for
  8    the county of ...., of the crime of .... (designating it generally),  you  are
  9    therefore  commanded  forthwith  to  arrest the above named A.B. and bring him
 10    before that court for judgment; or if the court has adjourned  for  the  term,
 11    that you deliver him into the custody of the sheriff of the county of .....
 12        Given under my hand, with the seal of said court affixed, this .... day of
 13    ...., 19.....
 14        By order of the court.
 15        (Seal)                                                        E.F., Clerk.
                                                                        
 16        SECTION  12.  That Section 19-2916, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        19-2916.  UNDERTAKING AFTER INDICTMENT -- FORM. The bail must be put in by
 19    a written undertaking, executed by two (2) sufficient sureties (with or  with-
 20    out  the  defendant,  in the discretion of the court), and acknowledged before
 21    the court, in substantially the following form:
 22        An indictment having been found on .... day of ...., 19...., in  the  dis-
 23    trict  court  of  the  county  of  ....,  charging A.B. with the crime of ....
 24    (designating it generally), and he having been admitted to bail in the sum  of
 25    ....  dollars,  we, C.D. and E.T., of .... (stating their place of residence),
 26    hereby undertake that the above named A.B. will appear and answer the  indict-
 27    ment  above mentioned, in whatever court it may be prosecuted, and will at all
 28    times render himself amenable to the orders and process of the court,  and  if
 29    convicted,  will appear for pronouncement of judgment; or, if he fails to per-
 30    form any of these conditions, that we will pay to the people of the  state  of
 31    Idaho the sum set forth above.
                                                                        
 32        SECTION  13.  That Section 19-2936, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        19-2936.  BAIL ON RECOMMITMENT -- FORM OF UNDERTAKING. When bail is  taken
 35    upon  the  recommitment  of the defendant, the undertaking must be in substan-
 36    tially the following form:
 37        An order having been made on the .... day of ...., 19....,  by  the  court
 38    (naming  it),  that  A.B. be admitted to bail in the sum of .... dollars in an
 39    action pending in that court against him in behalf of the state of Idaho, upon
 40    an (information, presentment, indictment, or appeal, as the case may be),  we,
 41    C.D.  and  E.F., of (stating their places of residence), hereby undertake that
 42    the above named A.B. will appear in that or  any  other  court  in  which  his
 43    appearance  may  be  lawfully  required  upon  that (information, presentment,
 44    indictment, or appeal, as the case may be), and will at all times render  him-
 45    self  amenable to its orders and process and appear for pronouncement of judg-
 46    ment; or if he fails to perform any of these conditions, that we will  pay  to
 47    the state of Idaho the sum set forth above.
                                                                        
 48        SECTION  14.  That  the  Heading for Chapter 27, Title 25, Idaho Code, be,
 49    and the same is hereby amended to read as follows:
                                                                        
                                       7
                                                                        
  1                                      CHAPTER 27
  2                       IDAHO COMMERCIAL FEEDING STUFFS FEED LAW
                                                                        
  3        SECTION 15.  That Section 33-1004E, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        33-1004E.  DISTRICT'S SALARY-BASED APPORTIONMENT. Each district  shall  be
  6    entitled  to  a salary-based apportionment calculated as provided in this sec-
  7    tion.
  8        1.  To determine the apportionment for instructional staff,  first  deter-
  9    mine the district average experience and education index by placing all eligi-
 10    ble  district certificated instructional employees on the statewide index pro-
 11    vided in section 33-1004A, Idaho Code. The resulting average is  the  district
 12    index.  Districts  with  an  index above the state average index shall receive
 13    their actual index but not more than  the  state  average  plus  .03  for  the
 14    1994-95  school  year,  and shall receive their actual index but not more than
 15    the state average plus .06 for the 1995-96 school year, and  thereafter  shall
 16    receive  their  actual  district index. The district instructional staff index
 17    shall be multiplied by the instructional base salary of $23,906. The amount so
 18    determined shall be multiplied by the district staff  allowance  for  instruc-
 19    tional  staff  determined  as provided in section 33-1004(2.), Idaho Code. The
 20    instructional salary allocation shall be increased by the amount necessary for
 21    each full-time equivalent instructional staff member placed on the  experience
 22    and  education  index  to be allocated at least the minimum salary mandated by
 23    this section. Full-time instructional staff salaries shall be determined  from
 24    a  salary  schedule  developed  by  each  district  and submitted to the state
 25    department of education. No full-time instructional staff member shall be paid
 26    less than $30,000. If an instructional staff member has been certified by  the
 27    national  board for professional teaching standards, the staff member shall be
 28    designated as a master teacher and receive $2,000 per year for five (5) years.
 29    The instructional salary shall be increased by $2,000 for each master teacher.
 30    The resulting amount is the district's salary-based apportionment for instruc-
 31    tional staff. For purposes of this section, teachers qualifying for the salary
 32    increase as master teacher shall be those who have been recognized as national
 33    board certified teachers as of July 1 of each year.
 34        2.  To determine the  apportionment  for  district  administrative  staff,
 35    first determine the district average experience and education index by placing
 36    all eligible certificated administrative employees on the statewide index pro-
 37    vided  in  section 33-1004A, Idaho Code. The resulting average is the district
 38    index. Districts with an index above the state  average  index  shall  receive
 39    their actual index but not more than the state average plus .03 for the school
 40    year 1994-95, and shall receive their actual index but not more than the state
 41    average  index  plus  .06  for  the  1995-96 school year, and thereafter shall
 42    receive their actual district index. The district administrative  staff  index
 43    shall  be  multiplied  by the base salary of $34,773. The amount so determined
 44    shall be multiplied by the district staff allowance for  administrative  staff
 45    determined  as  provided  in  section  33-1004(3.),  Idaho Code. The resulting
 46    amount is the district's salary-based apportionment for administrative staff.
 47        3.  To determine the apportionment for classified staff, multiply  $19,207
 48    by  the  district classified staff allowance determined as provided in section
 49    33-1004(4.), Idaho Code. The amount so determined is the district's apportion-
 50    ment for classified staff.
 51        4.  The district's salary-based apportionment shall  be  the  sum  of  the
 52    apportionments  calculated in subsections 1., 2. and 3., of this section, plus
 53    the benefit apportionment as provided in section 33-1004F, Idaho Code.
                                                                        
                                       8
                                                                        
  1        SECTION 16.  That Section 33-3407, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
                                                                        
  3        33-3407.  DEFINITION  OF  THE  DEAF AND THE BLIND -- EXAMINATION OF APPLI-
  4    CANTS -- ADMISSION AND RELEASE OF PUPILS. All children between the ages of six
  5    (6) and twenty-one (21) years who qualify to receive  special  education  ser-
  6    vices  pursuant  to  state  or  federal law as a result of a hearing or visual
  7    impairment, shall be deemed deaf or blind for the purposes of this chapter.
  8        Children who are under the age of six (6) years, but otherwise  qualified,
  9    may  be  served,  when, in the discretion of the superintendent but subject to
 10    the approval of the board of trustees, they are  proper  subjects  to  receive
 11    training and education from the school, and the adequate facilities for proper
 12    education, training and/or care are available. When it has been ascertained by
 13    the superintendent that any pupil has ceased to make progress, or is no longer
 14    being  benefited by the school's services, upon recommendation of the superin-
 15    tendent and the approval of the board of trustees such pupil may  be  released
 16    from the school and/or school services may be discontinued.
 17        The board of trustees is authorized to provide for the careful examination
 18    of  all applicants for admission to the school, and the expense of such exami-
 19    nation is a lawful use of the moneys available to the board of trustees.
                                                                        
 20        SECTION 17.  That Section 34-2205, Idaho Code, be, and the same is  hereby
 21    amended to read as follows:
                                                                        
 22        34-2205.  QUALIFICATIONS  OF DELEGATES -- NOMINATING PETITIONS -- DECLARA-
 23    TIONS OF CANDIDATES AND SIGNERS -- CERTIFICATION. Candidates for the office of
 24    delegate to the convention shall be qualified electors of the state of  Idaho.
 25    Nomination  shall  be  by  petition and not otherwise. A single petition shall
 26    nominate but one (1) candidate, who may have one (1) or  more  separate  peti-
 27    tions.  Nominations  shall  be without party or political designation, but the
 28    nominating petitions shall each contain a declaration of the candidate that he
 29    is a candidate for election to the office of delegate  to  the  constitutional
 30    convention,  and  a statement to the effect that he favors ratification of, or
 31    that he is against ratification of the proposed constitutional amendment to be
 32    acted upon by the constitutional convention, and the total  number  of  voters
 33    joining  in  the  nomination of a candidate shall not be less than one hundred
 34    (100).
 35        The candidate's declaration in the nominating petition shall  be  in  sub-
 36    stantially the following form, to-wit:
 37        I,  the  undersigned,  being  a  qualified  elector of .... precinct, ....
 38    County, State of Idaho, hereby declare myself to be a candidate for the office
 39    of delegate to the constitutional convention, to be voted for at the  election
 40    to  be  held on the .... day of ...., 19...., and that I .... (insert one only
 41    of the following: "favor ratification of" ....  or  "am  against  ratification
 42    of")  the  proposed constitutional amendment to be acted upon by the constitu-
 43    tional convention, and certify that I possess the legal qualifications to fill
 44    said office, and that my post-office address is .....
 45        I further certify and declare that  if  nominated  I  hereby  accept  said
 46    office.
 47                                                    (Signed) .....................
 48        All  blank  spaces shall be properly filled in with the necessary informa-
 49    tion and the declaration of candidacy shall be subscribed and sworn to  before
 50    an  officer  authorized  to administer oaths, and the signatures of the voters
 51    joining in such petitions, each of which signatures shall be followed  by  the
 52    signer's  residence  address  and  date, shall be prefaced by a declaration in
                                                                        
                                       9
                                                                        
  1    substantially the following form, to-wit:
  2        I, the undersigned, being a qualified elector of the State  of  Idaho,  do
  3    hereby declare that I am in accord with the statement and declaration of ....,
  4    a candidate for the office of delegate to the constitutional convention, to be
  5    voted  for  at the election to be held on the .... day of ...., 19...., and do
  6    hereby join in this petition for his nomination for such office.
                                                                        
  7    Name of Petitioner           Post office          Date of Signing
  8    ......................... ..................  ........................
  9        Each nominating petition shall, at the time of filing in the office of the
 10    secretary of state, bear an affidavit in  substantially  the  following  form,
 11    executed and verified by a citizen and resident of the State of Idaho:--
 12    State of Idaho
 13                       ss.
 14    County of ....
 15        I  do  solemnly  swear (or affirm) that I am a citizen and resident of the
 16    State of Idaho; that each of the petitioners whose  name  is  affixed  to  the
 17    above  paper  signed  the  same personally, together with his postoffice post-
 18    office address and date of signing, and that each signed the  same  with  full
 19    knowledge  of  its contents; that to the best of my knowledge each is a quali-
 20    fied elector of the State of Idaho.
 21                                                    (Signed) .....................
 22        Subscribed and sworn to before me this .... day of ...., 19.....
 23                                                    ..............................
 24                                                    Notary Public for the State of
 25                                                    Idaho; residence .............
 26        No voter shall sign more than twenty-one  (21)  nominating  petitions  nor
 27    more  than one (1) petition for the same candidate, and if he does either, his
 28    signatures shall not be counted on any nominating petition.
 29        All acceptances and petitions shall be filed with the secretary  of  state
 30    not  less than forty-five (45) days before the date fixed for the election. No
 31    nomination shall be effective except those of the twenty-one  (21)  candidates
 32    in  favor of ratification and the twenty-one (21) candidates against ratifica-
 33    tion whose nominating petitions have respectively been signed by  the  largest
 34    number of voters, ties, if any, to be decided by lot drawn by the secretary of
 35    state;  provided,  however,  that if there be less than twenty-one (21) candi-
 36    dates in favor of ratification, all such candidates  shall  be  considered  as
 37    nominated, or if there be less than twenty-one (21) candidates against ratifi-
 38    cation all such candidates shall be considered as nominated.
 39        Within ten (10) days after the petitions are filed with him, the secretary
 40    of  state  shall  certify to each county auditor within the state, a certified
 41    list of the candidates of each group entitled to be voted for  at  such  elec-
 42    tion,  as  appears from the acceptances  and nominating petitions filed in the
 43    office of the secretary of state.
                                                                        
 44        SECTION 18.  That Section 38-1306, Idaho Code, be, and the same is  hereby
 45    amended to read as follows:
                                                                        
 46        38-1306.  NOTIFICATION  OF FOREST PRACTICE. (1) Before commencing a forest
 47    practice, the department shall be notified as required in  subsection  (2)  of
 48    this  section.  The notice shall be given by the operator; however, the timber
 49    owner or landowner satisfies the responsibility of  the  operator  under  this
 50    subsection. When more than one (1) forest practice is to be conducted in rela-
 51    tion  to harvesting of forest tree species, one (1) notice including each for-
 52    est practice to be conducted shall be filed with the  department.  A  woodland
                                                                        
                                       10
                                                                        
  1    management  plan  prepared  by  the  woodland  foresters  of the department or
  2    approved by the board of supervisors of a  soil  conservation  district  shall
  3    constitute  suitable  notification  of  a  forest practice when filed with the
  4    department, provided the woodland management  plan  contains  the  information
  5    required in subsection (2) of this section.
  6        (2)  The  notification required in subsection (1) of this section shall be
  7    on forms prescribed and provided by the department and shall include the  name
  8    and  address  of the operator, timber owner, and landowner, the legal descrip-
  9    tion of the area in which the forest practice is to be  conducted,  and  other
 10    information  the  department considers necessary for the administration of the
 11    rules adopted by the board under section 38-1304, Idaho Code.
 12        (3)  All notifications must be formally accepted by the department  before
 13    any forest practice may begin. (a) (b)
 14        (54)  The  initial  purchaser of ties, logs, posts, cordwood, pulpwood and
 15    other similar forest products which have been cut from lands within the  state
 16    of  Idaho  shall  make no such purchase from anyone not having a proper accep-
 17    tance of forest practice notice.
 18        (65)  Promptly upon formal acceptance of the notice,  but  not  more  than
 19    fifteen  (15)  days from formal acceptance of the notice, the department shall
 20    mail a copy of the notice to whichever of the operator, timber owner, or land-
 21    owner that did not submit the notification. The department shall  make  avail-
 22    able to the operator, the timber owner, and landowner a copy of the rules.
 23        (76)  An  operator, timber owner, or landowner, whichever filed the origi-
 24    nal notification, shall notify the department of any subsequent change in  the
 25    information  contained  in  the  notification  within  thirty (30) days of the
 26    change. Promptly upon receipt of notice of change, but not to  exceed  fifteen
 27    (15)  days  from  receipt  of  notice, the department shall mail a copy of the
 28    notice to whichever of the operator, timber owner, or landowner that  did  not
 29    submit the notice of change.
 30        (87)  The  notification  is  valid for the same period as set forth in the
 31    certificate of compliance under section 38-122, Idaho Code. At the  expiration
 32    of  the  notification,  if the forest practice is continuing, the notification
 33    shall be renewed using the same procedures provided for in this section.
 34        (98)  If the notification required by subsection (1) of this section indi-
 35    cates that at the expiration of the notification that the forest practice will
 36    be continuing, the operator, timber owner, or landowner, at least thirty  (30)
 37    days  prior to the expiration of the notification, shall notify the department
 38    and obtain a renewal of the notification. Promptly upon receipt of the request
 39    for renewal, but not to exceed fifteen (15) days from receipt of the  request,
 40    the  department  shall mail a copy of the renewed notification to whichever of
 41    the  operator, timber owner, or landowner that did not submit the request  for
 42    renewal.
 43        (109) The  department shall not accept a new forest practices notification
 44    from any operator having an outstanding notice of violation until the  repairs
 45    specified  pursuant  to section 38-1307(2)(a), Idaho Code, have been completed
 46    to the satisfaction of the department.
                                                                        
 47        SECTION 19.  That Section 39-2102(A), Idaho Code,  be,  and  the  same  is
 48    hereby amended to read as follows:
                                                                        
 49        39-2102(A).  LABELING  OF  PAINT  AND  CLEANSING  LIQUIDS CONTAINING TOXIC
 50    ADDITIVES. All persons, partnerships, or corporations who  sell  or  offer  to
 51    sell  in  the  state of Idaho any type of paint, solvent, or cleansing liquids
 52    containing toxic additives shall cause a label to be placed on each and  every
 53    box,  package, or container showing thereon the name and type of such ingredi-
                                                                        
                                       11
                                                                        
  1    ents and/or toxic additives and the amount of each.
                                                                        
  2        SECTION 20.  That Section 39-3502, Idaho Code, be, and the same is  hereby
  3    amended to read as follows:
                                                                        
  4        39-3502.  DEFINITIONS. As used in this chapter:
  5        (1)  "Abuse"  means a nonaccidental act of sexual, physical or mental mis-
  6    treatment or injury of a resident through the action or  inaction  of  another
  7    individual.
  8        (2)  "Activities of daily living" means the performance of basic self-care
  9    activities  in  meeting an individual's needs to sustain him in a daily living
 10    environment.
 11        (3)  "Adult" means a person who has attained  the  age  of  eighteen  (18)
 12    years.
 13        (34)  "Advocate"  means  an  authorized  or designated representative of a
 14    program or organization operating under federal or state mandate to  represent
 15    the interests of a population group served by the certified family home.
 16        (45)  "Assessment"  means  the  conclusion  reached using uniform criteria
 17    which identifies resident strengths, weaknesses, risks and needs,  to  include
 18    functional, medical and behavioral. The assessment criteria shall be developed
 19    by the department and the advisory council.
 20        (56)  "Board" means the board of health and welfare.
 21        (67)  "Care  provider" means the adult member of the home family responsi-
 22    ble for maintaining the certified family home. The care provider and the legal
 23    owner may not necessarily be the same person. The care provider must  live  in
 24    the home.
 25        (78)  "Certified  family home" means a family-styled living environment in
 26    which two (2) or fewer adults live who are not able to  reside  in  their  own
 27    home  and  who  require  care,  help in daily living, protection and security,
 28    supervision, personal assistance and encouragement toward independence.
 29        (89)  "Certifying agent" means a person acting under the authority of  the
 30    department  to participate in the certification, inspection, and regulation of
 31    a family home.
 32        (910) "Chemical restraint" means any drug that is used for  discipline  or
 33    convenience and not required to treat medical symptoms.
 34        (101) "Client" means any person who receives financial aid and/or services
 35    from an organized program of the department.
 36        (112) "Core  issues"  means abuse, neglect, exploitation, inadequate care,
 37    inoperable fire detection or extinguishing systems with no fire watch in place
 38    pending the  correction of the system, and situations in which advocates, rep-
 39    resentatives and department certification staff are denied access to  records,
 40    residents, or the certified family home.
 41        (123) "Department" means the Idaho department of health and welfare.
 42        (134) "Director"  means the director of the Idaho department of health and
 43    welfare.
 44        (145) "Exploitation" means the misuse of a vulnerable adult's funds, prop-
 45    erty or resources by another person for profit or advantage.
 46        (156) "Governmental unit" means the state, any  county,  any  city,  other
 47    political  subdivision,  or  any  department,  division, board or other agency
 48    thereof.
 49        (167) "Home family" means all individuals related by blood,  marriage,  or
 50    adoption, other than residents, residing in the certified family home.
 51        (178) "Inadequate  care" occurs when a certified family home fails to pro-
 52    vide the services required to meet the terms of the negotiated plan of service
 53    or provide for room, board, activities of  daily  living,  supervision,  first
                                                                        
                                       12
                                                                        
  1    aid, assistance and monitoring of medications, emergency intervention, coordi-
  2    nation of outside services, or a safe living environment; or engages in viola-
  3    tions of residents' rights or takes residents who have been admitted in viola-
  4    tion of the provisions of section 39-3507, Idaho Code.
  5        (189) "Neglect" means failure to provide food, clothing, shelter, or medi-
  6    cal care necessary to sustain life and health of a resident.
  7        (1920) "Negotiated  service  agreement" means the agreement reached by the
  8    resident or their representative, if applicable, and the  facility,  based  on
  9    the  assessment,  physician's  orders  if  any,  admission records if any, and
 10    desires of the resident, and which outlines services to be  provided  and  the
 11    obligations of the certified family home and the resident.
 12        (201) "Personal  assistance"  means  the provision by the certified family
 13    home of one (1) or more of the following services:
 14        (a)  Assisting the resident with activities of daily living.
 15        (b)  Arranging for supportive services.
 16        (c)  Being aware of the resident's general whereabouts.
 17        (d)  Monitoring the activities of the resident while on  the  premises  of
 18        the facility to ensure the resident's health, safety and well-being.
 19        (212) "Political subdivision" means a city or county.
 20        (223) "Representative  of the department" means an employee of the depart-
 21    ment.
 22        (234) "Resident" means an adult who lives in a certified family  home  and
 23    who requires personal assistance or supervision.
 24        (245) "Room and board" means lodging and meals.
 25        (256) "Substantial  compliance"  means a certified family home has no core
 26    issue deficiencies.
 27        (267) "Substitute caregiver" means an adult designated  by  the  certified
 28    family  home  provider to provide care and services in a certified family home
 29    in the temporary absence of the regular care provider.
 30        (278) "Supervision" means administrative activity which provides the  fol-
 31    lowing: protection, guidance, knowledge of the resident's whereabouts and mon-
 32    itoring activities. The care provider is responsible for providing appropriate
 33    supervision based on each resident's negotiated service agreement.
 34        (289) "Supportive  services" means the specific services that are provided
 35    to the resident in the community and that are required by the negotiated  ser-
 36    vice agreement or reasonably requested by the resident.
                                                                        
 37        SECTION  21.  That Section 39-3613, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        39-3613.  CREATION OF BASIN ADVISORY GROUPS. The director, in consultation
 40    with the designated agencies, shall name, for each of the state's major  river
 41    basins, no less than one (1) basin advisory group which shall generally advise
 42    the director on water quality objectives for each basin and work in a coopera-
 43    tive  manner  with  the  director to achieve these objectives. Each such group
 44    shall establish by majority vote, operating procedures to guide  the  work  of
 45    the  group.  Members shall be compensated pursuant to section 59-509(c), Idaho
 46    Code. The membership of each basin advisory group shall be  representative  of
 47    the  industries and interests directly affected by the implementation of water
 48    quality programs within the basin and each member of the  group  shall  either
 49    reside  within  the  basin  or represent persons with a real property interest
 50    within the basin. Recognized groups representing those industries or interests
 51    in the basin may nominate members of the group to  the  director.  Each  basin
 52    advisory  group  named by the director shall reflect a balanced representation
 53    of the interests in the basin and shall, where appropriate, include  a  repre-
                                                                        
                                       13
                                                                        
  1    sentative  from each of the following: agriculture, mining, nonmunicipal point
  2    source discharge permittees, forest  products,  local  government,  livestock,
  3    Indian  tribes  (for  areas within reservation boundaries), water-based recre-
  4    ation, and environmental interests. In addition, the director shall  name  one
  5    (1)  person to represent the public at large who may reside outside the basin.
  6    Members named to the basin advisory groups shall, in the opinion of the direc-
  7    tor, have demonstrated interest or expertise which will be of benefit  to  the
  8    work  of the basin advisory group. The director may also name as may be needed
  9    those who have expertise necessary to assist in the work of the basin advisory
 10    group who shall serve as technical nonvoting advisers to  the  basin  advisory
 11    group. department;
                                                                        
 12        SECTION  22.  That Section 41-3408, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        41-3408.  QUALIFICATIONS FOR CERTIFICATE OF AUTHORITY. The director  shall
 15    not issue or permit to exist a certificate of authority to be or act as a ser-
 16    vice  corporation, as to any corporation not fulfilling the following qualifi-
 17    cations:
 18        (1)  Must be incorporated as provided in section 41-3406, Idaho Code, as a
 19    professional service corporation.
 20        (2)  Must intend to and actually conduct its business in good faith  as  a
 21    nonprofit corporation.
 22        (3)  Must  have  in  force  service  agreements with participant licensees
 23    located in the areas of the subscribers' residences convenient as to  location
 24    and  sufficient  in  numbers,  capacity  and  facilities reasonably to furnish
 25    respective categories of health care services then provided or proposed to  be
 26    provided by the corporation to its subscribers. Said professional service cor-
 27    poration  shall be ready and willing at all times to enter into service agree-
 28    ments with all licensees of the category or categories specified in its  arti-
 29    cles  of  incorporation who are qualified under the laws of the state of Idaho
 30    and who desire to become participant licensees of  said  corporation  and  who
 31    practice  within the general area served by said professional service corpora-
 32    tion.
 33        (4)  If a newly formed corporation, it must possess  sufficient  available
 34    working  funds  to  pay  all reasonably anticipated cost of acquisition of new
 35    business and operating expenses, other than payment for professional services,
 36    for a period of not less than the six (6) months next following  the  date  of
 37    issuance of the certificate of authority, if issued.
 38        (65)  Nothing  in  this  section shall preclude a service corporation from
 39    refusing to contract with a health care licensee who  is  unqualified  or  who
 40    does  not meet the terms and conditions of the participating licensee contract
 41    of the service corporation or from terminating or refusing to renew  the  con-
 42    tract  of  a participating health care licensee who is unqualified or who does
 43    not comply with, or who refuses to comply with, the terms  and  conditions  of
 44    the participating health care licensee contract including, but not limited to,
 45    practice  standards  and  quality requirements. The contract shall provide for
 46    written notice to the participating health care  licensee  setting  forth  any
 47    breach  of  contract  for which the service corporation proposes that the con-
 48    tract be terminated or not renewed and shall provide for a  reasonable  period
 49    of  time  for the participating health care licensee to cure such breach prior
 50    to termination or nonrenewal. If the breach has not  been  cured  within  such
 51    period  of  time  the contract may be terminated or not renewed. Provided how-
 52    ever, that if the breach of contract for which the  service  corporation  pro-
 53    poses  that  the  contract  be  terminated or not renewed is a willful breach,
                                                                        
                                       14
                                                                        
  1    fraud or a breach which poses an immediate danger  to  the  public  health  or
  2    safety, the contract may be terminated or not renewed immediately.
  3        (76)  Every  service corporation issuing benefits pursuant to this chapter
  4    shall establish a grievance system for licensees. Such grievance system  shall
  5    provide  for  arbitration according  to chapter 9, title 7, Idaho Code, or for
  6    such other system which provides reasonable due  process  provisions  for  the
  7    resolution of grievances and the protection of the rights of the parties.
  8        (8)(57)  Must fulfill all other applicable requirements of this chapter.
                                                                        
  9        SECTION  23.  That  Section 43-219, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        43-219.  PETITION -- FORM. Recall petitions shall  be  printed  on  single
 12    sheets  of  paper  of  good  writing  quality  including,  but not limited to,
 13    newsprint not less than eight and one-half (8 1/2) inches  in  width  and  not
 14    less  than  fourteen  (14)  inches in length. No petition may be circulated or
 15    signed prior to the approval of a ballot synopsis  by  the  magistrate  court.
 16    Such petitions shall be substantially in the following form:
 17                                       WARNING
 18        Every person who signs this petition with any other than his true name, or
 19    who  knowingly  (1) signs more than one (1) of these petitions, (2) signs this
 20    petition when he is not a legal voter, or (3) makes herein  any  false  state-
 21    ment, may be fined, or imprisoned, or both.
 22        Petition  for  the  recall  of  (here  insert the name of the person whose
 23    recall is petitioned for) to the (here insert the name and title of the secre-
 24    tary of the irrigation district with whom the charge is filed).
 25        We,  the  undersigned  citizens  and  legal  voters  of  (the   irrigation
 26    district's  official  name),  respectfully  direct  that a special election be
 27    called to determine whether or not (here insert the name  of  the  person)  be
 28    recalled  and  discharged  from his office; and each of us for himself says: I
 29    have personally signed this petition; I am a legal voter of the state of Idaho
 30    in (the irrigation district's official name) and county written after my name,
 31    and my residence  address is correctly  stated,  and  to  my  knowledge,  have
 32    signed this petition only once.
 33        Each  and  every  signature  sheet  of each petition containing signatures
 34    shall be verified on the face thereof in substantially the following  form  by
 35    the  person who circulated said sheet of the petition, by his or her affidavit
 36    thereon, as a part thereof:
 37    State of Idaho     )
 38                       )  ss.
 39    County of          )
 40        I, ...................., swear, under penalty of perjury, that every  per-
 41    son  who  signed  this  sheet of the foregoing petition signed his or her name
 42    thereto in my presence. I believe that each has stated his or her name and the
 43    accompanying required information on the signature sheet correctly,  and  that
 44    the person was eligible to sign this petition.
 45                                                (Signature) ......................
 46                                                Post Office address ..............
 47                                                ..................................
 48    Subscribed and sworn to before me this ....day of ........, 19.....
 49    (Notary Seal)          .......................................................
 50                                                           Notary Public
 51                                          Residing at ............................
                                                                        
 52        SECTION  24.  That  Section 49-435, Idaho Code, be, and the same is hereby
                                                                        
                                       15
                                                                        
  1    amended to read as follows:
                                                                        
  2        49-435.  PROPORTIONAL REGISTRATION OF COMMERCIAL VEHICLES.. (1) Any  owner
  3    engaged  in  operating  one  (1) or more fleets of commercial vehicles may, in
  4    lieu of the registration fees imposed by section 49-434, Idaho Code,  register
  5    each  fleet  for  operation  in  this  state by filing an application with the
  6    department which shall contain the information required by  the  international
  7    registration plan (IRP) agreement. Any owner who makes application for propor-
  8    tional  registration  under  the  provisions of the international registration
  9    plan shall comply with the terms and conditions of the IRP agreement.
 10        (2)  The department shall register the vehicle so described and identified
 11    and may issue license plates or distinctive sticker or other suitable  identi-
 12    fication device for each vehicle listed in the application upon payment of the
 13    fees required under subsections (1) and (8) of section 49-434, Idaho Code, and
 14    an  additional identification charge of eight dollars ($8.00) per vehicle. The
 15    fees collected for the additional identification shall  be  deposited  to  the
 16    state  highway  account.  A registration card shall be issued for each propor-
 17    tionally registered vehicle appropriately identifying it which shall  be  car-
 18    ried in or upon the vehicle identified at all times.
 19        (3)  Fleet  vehicles  so  registered  and identified shall be deemed to be
 20    fully licensed and registered in this state for any type of movement or opera-
 21    tion.
 22        (4)  The right to the privilege and benefits of proportional  registration
 23    of  fleet  vehicles  extended  by this section, or by any contract, agreement,
 24    arrangement or declaration  made  under  the  authority  provided  in  section
 25    49-201,  Idaho Code, shall be subject to the condition that each fleet vehicle
 26    proportionally registered shall also be proportionally or  otherwise  properly
 27    registered  in at least one (1) other jurisdiction during the period for which
 28    it is proportionally registered in this state.
 29        (15)  No provision of this section relating to  proportional  registration
 30    of  fleet  vehicles  shall be construed as requiring any vehicle to be propor-
 31    tionally registered if it is otherwise registered in this state for the opera-
 32    tion in which it is engaged including regular registration or  temporary  trip
 33    permit.
                                                                        
 34        SECTION  25.  That Section 54-1733, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        54-1733.  VALIDITY OF PRESCRIPTION DRUG ORDERS. (1) A prescription or drug
 37    order for a legend drug is not valid unless it is issued for a legitimate med-
 38    ical purpose arising from a prescriber-patient relationship which  includes  a
 39    documented  patient  evaluation  adequate  to establish diagnoses and identify
 40    underlying conditions and/or contraindications to  the  treatment.  Treatment,
 41    including  issuing  a  prescription  or  drug order, based solely on an online
 42    questionnaire or consultation outside of an ongoing clinical relationship does
 43    not constitute a legitimate medical purpose. A prescription or drug order  may
 44    be issued either:
 45        (a)  By a practitioner acting in the usual course of his profession; or
 46        (b)  By  a  physician,  dentist,  veterinarian, scientific investigator or
 47        other person, other than a pharmacist, who is licensed in  a  jurisdiction
 48        other  than  the  state  of Idaho and is permitted by such license to dis-
 49        pense, conduct research with respect to or administer the prescribed  leg-
 50        end  drugs  in the course of his professional practice or research in such
 51        jurisdiction, so long as the individual is acting within the jurisdiction,
 52        scope and authority of his license when issuing the prescription  or  drug
                                                                        
                                       16
                                                                        
  1        order.
  2        (ac)  The  prescription  drug  order may be signed and sent electronically
  3        pursuant to chapter 50, title 28, Idaho Code.
  4        (bd)  Transmission of prescription drug order. In addition to delivery  of
  5        the original signed written prescription to a licensed pharmacy:
  6             (i)   A  prescription  drug order that has been signed by the practi-
  7             tioner may be received by a licensed pharmacy for dispensing purposes
  8             through a facsimile transmission from the prescribing practitioner or
  9             the practitioner's agent, or  from  a  health  care  facility  for  a
 10             patient or resident in such facility;
 11             (ii)  A  prescription  drug  order may also be received by a licensed
 12             pharmacist verbally from the practitioner, the  practitioner's  agent
 13             or  from a licensed practical nurse or licensed professional nurse in
 14             a health care facility for a patient or resident in such facility;
 15             (iii) A prescription drug order received verbally from the practitio-
 16             ner by a licensed practical nurse or licensed professional nurse in a
 17             licensed health care facility for  a  patient  or  resident  in  such
 18             facility  may  also be sent by facsimile transmission from the health
 19             care facility to a licensed pharmacy for dispensing purposes provided
 20             the transmitted document includes the name of the prescriber  issuing
 21             the prescription drug order, the name and license number of the nurse
 22             who  transcribed  the  order  and the name of the person who sent the
 23             facsimile.
 24        (2)  It is unlawful for a practitioner to knowingly issue an invalid  pre-
 25    scription or drug order for a legend drug.
 26        (3)  It  is unlawful for a pharmacist or veterinarian to knowingly fill an
 27    invalid prescription or drug order for a legend drug.
                                                                        
 28        SECTION 26.  That Section 63-3622O, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        63-3622O.  EXEMPT PRIVATE AND PUBLIC ORGANIZATIONS. (1) There are exempted
 31    from the taxes imposed by this chapter:
 32        (a)  Sales to or purchases by hospitals, health-related  entities,  educa-
 33        tional  institutions,  forest  protective associations and canal companies
 34        which are nonprofit organizations; and
 35        (b)  Donations to, sales to, and purchases by  the  Idaho  Foodbank  Ware-
 36        house, Inc.; and
 37        (c)  Donations  to, sales to, and purchases by food banks or soup kitchens
 38        of food or other tangible personal property used by  food  banks  or  soup
 39        kitchens  in the growing, storage, preparation or service of food, but not
 40        including motor vehicles or trailers; and
 41        (d)  Sales of clothes to,  donations  of  clothes  to,  and  purchases  of
 42        clothes by nonsale clothiers; and
 43        (e)  Sales to or purchases by centers for independent living; and
 44        (f)  Sales  to or purchases by the state of Idaho and its agencies and its
 45        political subdivisions; and
 46        (g)  Sales to or purchases by volunteer fire departments or licensed emer-
 47        gency medical service agencies; and
 48        (h)  Sales to or purchases by a qualifying senior citizen center; and
 49        (i)  Sales to or purchases by the Blind Services Foundation, Inc.; and
 50        (j)  Donations to, sales to or purchases by the Advocates for Survivors of
 51        Domestic Violence and Sexual Assault, Inc., a nonprofit corporation.
 52        (jk)  Sales to or purchases by nonprofit organizations offering free  den-
 53        tal clinic services to children.
                                                                        
                                       17
                                                                        
  1        (jl)  Admissions to and purchases by museums, as defined in subsection (2)
  2        of this section.
  3        (2)  As  used  in this section, these words shall have the following mean-
  4    ings:
  5        (a)  "Educational institution" shall mean  nonprofit  colleges,  universi-
  6        ties,  public  charter schools organized pursuant to chapter 52, title 33,
  7        Idaho Code, and other  primary and secondary schools, the income of  which
  8        is  devoted solely to education and in which systematic instruction in the
  9        usual branches of learning is given.  This  definition  does  not  include
 10        schools  primarily teaching business, dancing, dramatics, music, cosmetol-
 11        ogy, writing, gymnastics, exercise and other special  accomplishments  nor
 12        parent-teacher  associations,  parent  groups,  alumni  or other auxiliary
 13        organizations with purposes related to  the  educational  function  of  an
 14        institution or collective group of institutions.
 15        (b)  "Hospital" shall include nonprofit institutions licensed by the state
 16        for the care of ill persons. It shall not extend to nursing homes or simi-
 17        lar institutions.
 18        (c)  "Health-related  entities" shall mean the Idaho Cystic Fibrosis Foun-
 19        dation, Idaho Epilepsy League, Idaho Lung  Association,  March  of  Dimes,
 20        American   Cancer   Society,  Mental  Health  Association,  The  Arc,  The
 21        Children's Home Society of Idaho, American Heart Association, Idaho Ronald
 22        McDonald House, United Cerebral Palsy, Arthritis Foundation, Muscular Dys-
 23        trophy Foundation, National Multiple  Sclerosis  Society,  Rocky  Mountain
 24        Kidney  Association,  American  Diabetes  Association, Easter Seals, Idaho
 25        Community Action Agencies, Idaho Primary Care  Association  and  community
 26        health  centers who are members of the Idaho Primary Care Association, the
 27        Idaho Diabetes Youth Programs, Special Olympics Idaho, the  Idaho  Women's
 28        and  Children's  Alliance,   and the Family Services Alliance of Southeast
 29        Idaho, together with said entities' local or regional  chapters  or  divi-
 30        sions.
 31        (d)  "Canal  companies"  shall  include  nonprofit  corporations which are
 32        incorporated solely for the purpose of operating and maintaining  and  are
 33        engaged  solely  in operation and maintenance of dams, reservoirs, canals,
 34        lateral and drainage ditches, pumps or pumping plants.
 35        (e)  "Forest protective associations" shall mean associations  whose  pur-
 36        pose  is  the furnishing, operating and maintaining of a protective system
 37        for the detection, prevention and suppression of forest  or  range  fires.
 38        Forest  protective associations shall include only those associations with
 39        which the state of Idaho has contracted or become a member of pursuant  to
 40        chapter 1, title 38, Idaho Code.
 41        (f)  "Food banks or soup kitchens" shall mean any nonprofit corporation or
 42        association,  other  than the Idaho Foodbank Warehouse, Inc., one of whose
 43        regular activities is the furnishing or providing of food or food products
 44        to others without charge.
 45        (g)  "Nonsale clothier" shall mean any nonprofit corporation  or  associa-
 46        tion  one  of  whose  primary  purposes  is the furnishing or providing of
 47        clothes to others without charge.
 48        (h)  "Clothes" shall mean garments in general, designed or intended to  be
 49        worn by humans and shall include footwear in addition to wearing apparel.
 50        (i)  "Center for independent living" shall mean a private, nonprofit, non-
 51        residential  organization in which at least fifty-one percent (51%) of the
 52        principal governing board, management and staff are individuals with  dis-
 53        abilities and that:
 54             (i)   Is  designed and operated within a local community by individu-
 55             als with disabilities;
                                                                        
                                       18
                                                                        
  1             (ii)  Provides an array of independent living services and  programs;
  2             and
  3             (iii) Is cross-disability.
  4        (j)  "Political subdivision" means:
  5             (i)    A governmental organization which:
  6                  1.  Embraces a certain territory,
  7                  2.  Is organized for public advantage and not in the interest of
  8                  private individuals or classes,
  9                  3.  Has been delegated functions of government, and
 10                  4.  Has the statutory power to levy taxes; or
 11             (ii)   A  public  health  district  created  by section 39-408, Idaho
 12             Code; or
 13             (iii)  A soil conservation district as defined  in  section  22-2717,
 14             Idaho Code; or
 15             (iv)   A  drainage district created pursuant to chapter 29, title 42,
 16             Idaho Code; or
 17             (v)    An irrigation district created pursuant  to  title  43,  Idaho
 18             Code; or
 19             (vi)   A  state grazing board created by section 57-1204, Idaho Code;
 20             or
 21             (vii)  A water  measurement  district  created  pursuant  to  section
 22             42-705 or 42-706, Idaho Code; or
 23             (viii) A ground water management district created pursuant to chapter
 24             51, title 42, Idaho Code.
 25        (k)  "Agency  of  the state of Idaho" shall mean an office or organization
 26        created by the constitution or statutes of this state and  constituting  a
 27        component  part  of  the  executive, judicial or legislative branch of the
 28        government of this state.
 29        (l)  "Volunteer fire department"  means  an  entity  exempt  from  federal
 30        income taxation pursuant to section 501(c)(3) of the Internal Revenue Code
 31        and  which  primarily    provides fire protection, or fire prevention on a
 32        not-for-profit basis to surrounding residents.
 33        (m)  "Licensed emergency medical service agency (EMS)" means an  emergency
 34        medical service licensed by the EMS bureau of the department of health and
 35        welfare and  which is exempt from federal income taxation pursuant to sec-
 36        tion  501(c)(3)  of the Internal Revenue Code and which provides emergency
 37        medical services on a not-for-profit basis to surrounding residents.
 38        (n)  "Qualifying senior citizen center" means an entity exempt from income
 39        tax pursuant to section 501(c)(3) of the Internal Revenue Code  and  which
 40        is  a  community  facility  for  the organization and provision of a broad
 41        spectrum of services, which shall include provision of  health  (including
 42        mental health), social, nutritional, and educational services and the pro-
 43        vision of facilities for recreational activities for older individuals.
 44        (o)  "Museum"  means  a public institution or an entity exempt from income
 45        tax pursuant to section 501(c)(3) of  the  Internal  Revenue  Code,  which
 46        stores,  preserves  and exhibits objects of art, history, science or other
 47        objects of historical, educational or cultural value on a permanent  basis
 48        in  a  building,  portion of a building or outdoor location and which pro-
 49        vides museum services to the public on a regular basis.
 50        (3)  The exemption granted by subsection (1)(f) of this section  does  not
 51    include any association or other organization whose members are political sub-
 52    divisions or state agencies unless the organization is expressly created under
 53    the joint powers provision of sections 67-2328 through 67-2333, Idaho Code.
 54        (4)  The  exemptions  granted  by  subsection  (1)  of this section do not
 55    include the use of tangible personal property by a contractor used to  improve
                                                                        
                                       19
                                                                        
  1    real  property of an exempt entity when such use is within the definition pro-
  2    vided by section 63-3615(b), Idaho Code, whether  the  use  tax  liability  is
  3    included in a contract total or stated separately in a contract.
  4        (5)  There is exempted from the taxes imposed in this chapter, the renting
  5    of a place to sleep to an individual by the Idaho Ronald McDonald House.
                                                                        
  6        SECTION  27.  That  Section 67-460, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        67-460.  POWERS OF COMMITTEE. The joint  legislative  oversight  committee
  9    shall have the following powers:
 10        (1)  To  direct  the  director  of  legislative performance evaluations in
 11    accordance with section 67-461, Idaho Code, to review the performance  of  any
 12    state  agency  or  program  and to prepare reports for submission to the joint
 13    legislative oversight committee.
 14        (2)  To contract with private individuals or entities for the  conduct  of
 15    performance evaluations or portions thereof.
 16        (3)  To examine witnesses, to require the appearance of any person and the
 17    production  of  papers  or records, including books, accounts, documents, com-
 18    puter records, and other materials, and to order the appearance of any  person
 19    for  the  purpose  of  producing papers or records, including books, accounts,
 20    documents, computer records, and other materials, as is provided other  legis-
 21    lative committees.
 22        (4)  To administer oaths to witnesses appearing before the committee when,
 23    by  a  majority vote, the committee deems the administration of an oath neces-
 24    sary and advisable as provided by law.
 25        (5)  To determine that  a  witness  has  perjured  himself  by  testifying
 26    falsely  before the committee, and to direct the attorney general to institute
 27    legal proceedings as provided by law.
 28        (6)  To conduct meetings at such times as the cochairmen deem necessary.
 29        (87)  To issue subpoenas upon the signature of either of  the  cochairmen;
 30    provided  that  the district court in and for the county in which any inquiry,
 31    evaluation, investigation, hearing or proceeding may take place shall have the
 32    power to compel obedience by proceedings for contempt, as in the case of  dis-
 33    obedience  of  the  requirements  of  a  subpoena issued from the court or the
 34    refusal to testify or produce papers or records,  including  books,  accounts,
 35    documents, computer records, and other materials, in court.
                                                                        
 36        SECTION  28.  That  Section 67-501, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        67-501.  INDORSEMENT ENDORSEMENT OF BILLS. Every bill  must,  as  soon  as
 39    delivered  to  the  governor,  be indorsed endorsed as follows: "This bill was
 40    received by the governor this .... day of ...., nineteen ....."
                                                                        
 41        SECTION 29.  That Section 67-505, Idaho Code, be, and the same  is  hereby
 42    amended to read as follows:
                                                                        
 43        67-505.  BILLS  NOT  RETURNED.  Every bill which has passed both houses of
 44    the legislature, and has not been returned by the  governor  within  five  (5)
 45    days,  thereby  becoming  a  law, is authenticated by the governor causing the
 46    fact to be certified thereon by the secretary of state in the following  form:
 47    "This bill having remained with the governor five (5) days (Sundays excepted),
 48    and  the  legislature  being  in session, it has become a law this .... day of
 49    ...., 19....," which certificate must be signed by the secretary of state  and
                                                                        
                                       20
                                                                        
  1    deposited  with  the laws in his office. Where the legislature by adjournment,
  2    prevents the return of a bill, the governor, if he disapproves thereof,  shall
  3    file  the  same,  with his objections, in the office of the secretary of state
  4    within ten (10) days after said adjournment (Sundays  excepted)  or  the  same
  5    shall become a law.
                                                                        
  6        SECTION  30.  That Section 67-5718, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        67-5718.  REQUISITIONS FOR PROPERTY -- NOTICE -- FORM -- GUARANTEE -- PRO-
  9    CEDURE FOR BIDDING. (1) The administrator of the division of purchasing  shall
 10    not make or cause to be made any acquisition until a requisition for the prop-
 11    erty  to  be  acquired  has been submitted to his office by the requisitioning
 12    agency, certifying to the satisfaction of the  administrator  that  there  are
 13    proper  funds  or sufficient balance in appropriations out of which the amount
 14    of the requisition may lawfully be paid, except as provided  to  the  contrary
 15    under provisions of this chapter allowing emergency purchases.
 16        (2)  Notice shall be posted of all acquisitions of property, unless other-
 17    wise   excepted   by   rules  of  the  division.  The  notice  may  be  posted
 18    electronically. The administrator shall also cause all invitations to bid  and
 19    requests  for  proposals  to  be posted manually in a conspicuous place in the
 20    office. The notice shall describe the property to be  acquired  in  sufficient
 21    detail  to  apprise a bidder of the exact nature or functionality of the prop-
 22    erty required; and shall  20 set forth the bid opening date,  time  and  loca-
 23    tion.
 24        (3)  To  enhance  small  business bidding opportunities, the administrator
 25    shall seek a minimum of three (3) bids from vendors having a significant Idaho
 26    economic presence as defined in section 67-2349, Idaho Code.
 27        (4)  All sealed bids received shall be opened at the time and place speci-
 28    fied, and in the public view, and a record of each bid shall then and there be
 29    made. Contracts shall be awarded to and orders placed with the lowest  respon-
 30    sible  bidder  on  the  basis of initial proposals received or, if applicable,
 31    following receipt and evaluation of best and final offers or negotiations. The
 32    administrator shall have the right to reject any  and  all  bids  pursuant  to
 33    rules established for the division.
 34        (5)  Where  both  the  bids  and quality of property offered are the same,
 35    preference shall be given to property of local  and  domestic  production  and
 36    manufacture  or  from  bidders having a significant Idaho economic presence as
 37    defined in the Idaho Code. In connection with the award of  any  contract  for
 38    the  placement  of any order for state printing, binding, engraving or statio-
 39    nery work, the provisions of sections 60-101 and  60-103,  Idaho  Code,  shall
 40    apply  to  the  extent that the same may be inconsistent with any requirements
 41    contained in this section.
 42        (6)  As used in this section, the word "sealed" does not  preclude  accep-
 43    tance of electronically sealed and submitted bids in addition to bids manually
 44    sealed and submitted.
                                                                        
 45        SECTION  31.  That  the  Heading for Chapter 60, Title 67, Idaho Code, be,
 46    and the same is hereby amended to read as follows:
                                                                        
 47                                      CHAPTER 60
 48                     IDAHO WOMEN'S COMMISSION ON WOMEN'S PROGRAMS
                                                                        
 49        SECTION 32.  That Section 72-205, Idaho Code, be, and the same  is  hereby
 50    amended to read as follows:
                                                                        
                                       21
                                                                        
  1        72-205.  PUBLIC EMPLOYMENT GENERALLY -- COVERAGE. The following shall con-
  2    stitute employees in public employment and their employers subject to the pro-
  3    visions of this law:
  4        (1)  Every person in the service of the state or of any political subdivi-
  5    sion  thereof, under any contract of hire, express or implied, and every offi-
  6    cial or officer thereof, whether elected or appointed,  while  performing  his
  7    official  duties,  except  officials  of athletic contests involving secondary
  8    schools, as defined by section 33-119, Idaho Code.
  9        (2)  Every person in the service of a county, city, or any political  sub-
 10    division thereof, or of any municipal corporation.
 11        (3)  Participants in the Idaho youth conservation project under the super-
 12    vision of the Idaho state forester.
 13        (4)  Every person who is a member of a volunteer fire or police department
 14    shall  be deemed, for the purposes of this law, to be in the employment of the
 15    political subdivision or municipality where the department is organized.
 16        (5)  Every person who is a regularly enrolled volunteer member or  trainee
 17    of  the department of disaster and civil defense, or of a civil defense corps,
 18    shall be deemed, for the purposes of this law, to be in the employment of  the
 19    state.
 20        (6)  Members of the Idaho national guard while on duty and employees of or
 21    persons  providing  voluntary  service  to  an  approved  Idaho national guard
 22    morale, welfare, and recreational activity.  No  Idaho  compensation  benefits
 23    shall  inure  to any such member, employee or volunteer or their beneficiaries
 24    for any injury or death compensable under federal law.
 25        (7)  A community service worker,  as  that  term  is  defined  in  section
 26    72-102,  Idaho  Code, is considered to be an employee in public employment for
 27    purposes of receiving workmen's worker's compensation benefits, which shall be
 28    the community service worker's exclusive remedy for all injuries  and  occupa-
 29    tional diseases as provided under chapters 1 through 8, title 72, Idaho Code.
 30        (8)  Every person who participates in a youth employment program funded in
 31    whole or in part by state or federal money and administered by a state or fed-
 32    eral agency or a nonprofit corporation or entity.
 33        (89)  A  work  experience  student,  as  that  term  is defined in section
 34    72-102, Idaho Code, who does not receive  wages  while  participating  in  the
 35    school's  work  experience  program  shall be covered by the school district's
 36    policy with the state insurance fund.
                                                                        
 37        SECTION 33.  That Section 72-1347B, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        72-1347B.  WORKFORCE DEVELOPMENT TRAINING FUND. (1) There  is  established
 40    in  the state treasury a special trust fund, separate and apart from all other
 41    public funds of this state, to be known as the workforce development  training
 42    fund,  hereinafter  "training  fund."  Except as provided herein, all proceeds
 43    from the training tax defined in subsection (4) of this section shall be  paid
 44    into  the  training  fund.  The  state treasurer shall be the custodian of the
 45    training fund and shall invest said moneys in accordance with law. Any  inter-
 46    est earned on the moneys in the training fund shall be deposited in the train-
 47    ing  fund.  Moneys  in the training fund shall be disbursed in accordance with
 48    the directions of the director. In any month when the unencumbered balance  in
 49    the  training fund exceeds six million dollars ($6,000,000), the excess amount
 50    over six million dollars ($6,000,000) shall be transferred to  the  employment
 51    security  reserve fund, section 72-1347A, Idaho Code. For the purposes of this
 52    subsection (1), the unencumbered balance in the training fund is  the  balance
 53    in such fund reduced by the sum of:
                                                                        
                                       22
                                                                        
  1        (a)  The  amounts  that  have  been  obligated  pursuant to fully-executed
  2        workforce development training fund contracts;
  3        (b)  The amounts that have been obligated pursuant to  letters  of  intent
  4        for proposed job training projects; and
  5        (c)  Any  administrative  costs  related to the training fund that are due
  6        and payable.
  7        (2)  All moneys in the training fund are perpetually appropriated  to  the
  8    director  for  expenditure  in accordance with the provisions of this section.
  9    The purpose of the training fund is to provide or expand training and retrain-
 10    ing opportunities in an expeditious manner that would not otherwise exist  for
 11    Idaho's  workforce.  The  training  fund is intended to supplement, but not to
 12    supplant or compete with, money available through existing training  programs.
 13    The moneys in the training fund shall be used for the following purposes:
 14        (a)  To provide training for skills necessary for specific economic oppor-
 15        tunities and industrial expansion initiatives;
 16        (b)  To provide training to upgrade the skills of currently employed work-
 17        ers at risk of being permanently laid off;
 18        (c)  For  refunds of training taxes erroneously collected and deposited in
 19        the workforce training fund;
 20        (d)  For all administrative expenses incurred by the department associated
 21        with the collection of the  training  tax  and  any  other  administrative
 22        expenses associated with the training fund.
 23        (3)  Expenditures  from the training fund for purposes authorized in para-
 24    graphs (a) and (b) of subsection (2) of this section shall be approved by  the
 25    director  in  consultation  with   the office of the governor, based on proce-
 26    dures, criteria and performance measures established by the council  appointed
 27    pursuant to section 72-1336, Idaho Code. The activities funded by the training
 28    fund  will be coordinated with similar activities funded by the state division
 29    of professional-technical education. Expenditures from the training  fund  for
 30    purposes  authorized  in paragraphs (c) and (d) of subsection (2) of this sec-
 31    tion shall be approved by the director. The director shall  pay  all  approved
 32    expenditures  as long as the training fund has a positive balance. The council
 33    shall report annually to the governor  and  the  joint  finance-appropriations
 34    committee  the commitments and expenditures made from the training fund in the
 35    preceding fiscal year and the results of the activities funded by the training
 36    fund.
 37        (4)  A training tax is hereby imposed on all covered employers required to
 38    pay contributions pursuant to section 72-1350, Idaho Code, with the  exception
 39    of  deficit  employers  who  have  been assigned a taxable wage rate from rate
 40    class six pursuant to section 72-1350, Idaho Code. The training tax rate shall
 41    be equal to three percent (3%) of the taxable wage rate  then  in  effect  for
 42    each  eligible, standard-rated and deficit employer. The training tax shall be
 43    due and payable at the same time and in the same manner as contributions. This
 44    subsection is repealed effective January 1, 20012 2012, unless, prior to  that
 45    date,  the  Idaho  legislature approves the continuation of this subsection by
 46    repeal of this sunset clause.
 47        (5)  The provisions of this chapter which apply to the payment and collec-
 48    tion of contributions also apply to the payment and collection of the training
 49    tax, including the same calculations, assessments, method of  payment,  penal-
 50    ties,  interest,  costs,  liens,  injunctive relief, collection procedures and
 51    refund procedures. In the administration of the provisions  of  this  section,
 52    the  director is granted all rights, authority, and prerogatives granted under
 53    the provisions of this chapter. Moneys collected from an  employer  delinquent
 54    in  paying  contributions, reserve taxes  and  the training tax shall first be
 55    applied to any penalty and interest imposed pursuant to the provisions of this
                                                                        
                                       23
                                                                        
  1    chapter and shall then be applied pro rata to delinquent contributions to  the
  2    employment  security  fund,  section  72-1346,  Idaho Code, delinquent reserve
  3    taxes to the reserve fund, section 72-1347A, Idaho Code, and delinquent train-
  4    ing taxes to the training fund. Any interest and penalties collected  pursuant
  5    to  this  subsection shall be paid into the state employment security adminis-
  6    trative and reimbursement fund, section 72-1348, Idaho Code, and any  interest
  7    or  penalties  refunded  under  this subsection shall be paid out of that same
  8    fund. Training taxes paid pursuant to this section shall not  be  credited  to
  9    the  employer's  experience  rating  account  and  may  not be deducted by any
 10    employer from the wages of individuals in its employ. All training taxes shall
 11    be deposited in the clearing account of the employment security fund,  section
 12    72-1346,  Idaho  Code,  for  clearance  only and shall not become part of such
 13    fund. After clearance, the moneys shall be  deposited  in  the  training  fund
 14    established in subsection (1) of this section.
 15        (6)  Administrative  costs related to the training fund shall be paid from
 16    the training fund in accordance with subsection (3) of this section.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16603

The purpose of this bill is to make various codifier corrections to
the Idaho Code.  In the course of a legislative session, multiple
amendments to a single code section, chapter or title are
frequently passed.  Occasionally, these multiple amendments result
in conflicting numbering of sections or subsections.  In addition,
in some instances, separate sections of the code contain citations
to sections or subsections which contain conflicting numbering due
to multiple amendments.  Conflicting citation numbering is
identified at the time session laws for any given year are
incorporated into the existing code.  Sections or subsections
containing conflicting numbering are redesignated by the codifier. 
Redesignated code citations are set forth in brackets following
citations as set forth in session laws.  The bracketed citation
remains in the code until the affected section undergoes a future
amendment and then, at that time, a correction to the citation
number is made.  This method of indicating codifier corrections is
often confusing to the reader.  Rather than waiting for future
amendments to the various affected sections, this bill compiles
those code sections affected in the legislative sessions prior to
2007 that contain conflicting numbering so that the designations
may be corrected.


                           FISCAL NOTE

There is no fiscal impact as a result of this bill.



Contact
Name:  Mike Nugent, Legislative Services Offices 
Phone: 334-2475


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1064